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TREATY SERIES, No. 497 



TREATY 



BETWEEN THE 



UNITED STATES AND GREAT BRITAIN 



CANADIAN INTERNATIONAL 
BOUNDARY 



SIGNED AT WASHINGTON, APRIL II. 1908 

RATIFICATION ADVISED BY THE SENATE. MAY 4. 1908 

RATIFIED BY THE PRESIDENT. MAY 1 1 . 1908 

RATIFIED BY GREAT BRITAIN. MAY 16. 1908 

RATIFICATIONS EXCHANGED AT WASHINGTON. JUNE 4. 1908 

PROCLAIMED. JULY I. 1908 



WASHINGTON 

GOVERNMENT PRINTING OFFICE 

1908 



£•-^5-4, 6 



,s 



7 T 



V? 

By the President of the United States of America. 

A PROCLAMATION. 

Whereas a Convention between the United States of America and 
the United Kingdom of Great Britain and Ireland, providing for the 
more complete definition and demarcation of the international bound- 
ary between the United States and the Dominion of Canada, was con- 
cluded and signed by their respective Plenipotentiaries at Washing- 
ton, on the eleventh day of April, one thousand nine hundred and 
eight, the original of which Convention is word for word as follows: 

The United States of America and His Majesty Edward the 
Seventh, of the United Kingdom of Great Britain and Ireland, and 
of the British Dominions beyond the Seas, King, and Emperor of 
India, being desirous of providing for the more complete definition 
and demarcation of the international boundary between the United 
States and the Dominion of Canada, have for that purpose resolved 
to conclude a treaty, and to that end have appointed as their Pleni- 
potentiaries : 

The President of the United States of America, Elihu Root, Sec- 
retary of State of the United States ; and 

His Britannic Majesty. Right Honorable James Bryce, O. M., his 
Ambassador Extraordinary and Plenipotentiary at Washington ; 

Who, after having communicated to each other their respective full 
powers, which were found to be in due and proper form, have agreed 
to and concluded the following articles : 

Article I. 

THE BOUNDARY THROUGH PASSAMAQUODDY BAY. 

The High Contracting Parties agree that each shall appoint, with- 
out delay, an expert geographer or surveyor to serve as Commissioners 
for the purpose of more accurately defining and marking the inter- 
national boundary line between the United States and the Dominion 
of Canada in the waters of Passamaquoddy Bay from the mouth of 
the St. Croix River to the Bay of Fundy, and that in defining and 
marking said boundary line the Commissioners shall adopt and follow, 
as closely as may be, the line surveyed and laid down by the Com- 
missioners appointed under Article II of the Treaty of July 22, 189:2, 
between the United States and Great Britain, so far as said Com- 
missioners agreed upon the location of said line, namely : 

(1) From a point at the mouth of the St. Croix River defined by the ranges 
FStiiblished by them, by a connected series of six straight lines defined by ranges 
and cross ranges, to a point between Treat Island and Friar Head, likewise de- 
fined by ranges and cross ranges established by them; and also 

(2) From a point in Quoddy Roads, defined by the intersection of the range 
passing through the position of the Beacon of 1886 and Lnbec Channel Light. 
with a range established by them on the west shore of Quoddy Ro;ids along the 
course of this latter range, which is about 80° 35' east of true south, into the 
Bay of Fundy. 

(3) 



In ascertaining the 1 » >< -:t t i < > m of the above described line, the Com- 
missioners shall be controlled by the indications of the range marks 
and monuments established along it- course by said former Commis- 
sioners and by the charts upon which the said Commissioners marked 
the line as tentatively agreed upon by them. 

The remaining portion of the line, lying between the two above- 
described sections, and upon the location of which said former (' - 

missioners did uot agree, shall pass through the center of the Lubec 
Narrows Channel between Campo Bello Island and the mainland, 
and, subject to the provisions hereinafter stated, it shall follow on 
either side of the sa ii 1 Narrows such courses as will connect with the 
parts of the line agreed upon as aforesaid, and such boundary shall 
consist of a series of straight line- defined by distances and courses; 
Imi inasmuch as differences have arisi n in the past as to the location 
of the line with respecl t" Pope's Folly [sland above Lubec Narrows 
and with respect to certain fishing grounds east of the dredged chan 
nel IhIiiw Lubec Narrows, it is agreed that each of the High Contract 
i 1 1 lt Parties shall present to the other within six months after the 
ratification of this Treaty a full printed statement of the evidence, 
with certified copies of original documents referred to therein which 
are in its possession, and the arguments upon which it bases its con- 
tentions, with a view to arriving at an adjustment of the location of 
this portion of the line in accordance with the true intent and mean- 
ing of the provisions relating thereto of the treaties of L783 and 181 1 
between the United State- and Great Britain, and the award of the 
Commissioners appointed in that behalf under the treaty of L814; it 
being understood that any action by either or both Governments or 
their representatives authorized in that behalf or by the local govern- 
ments on either side of the line, whether prior or subsequent to such 
treaties and award, tending to aid in the interpretation thereof, shall 
lie taken into consideration in determining their true intent and mean- 
ing. Such agreement, if reached, shall be reduced to writing in the 
form of a protocol and shall be communicated to the said Commis- 
sioners, who shall lay down and mark this portion of the boundary in 
accordance therewith and as herein pro\ ided. 

In the event of a failure to agree within six month- after the date 
of exchanging the printed statements aforesaid, the question of which 

Government is entitled to jurisdictii ver such island and Ii hing 

grounds under treaty provisions, and proceedings thereunder, inter- 
preted in accordance with their true intent ami meaning a- above 
provided, and \>\ • if any rights arising under the recognized 

principle- of international law. -hall he referred forthwith for de- 
cision upon the evidence ami arguments submitted a- aforesaid, with 
such additional statement of fact- a- may he appropriate, and an 

,! iii reply >ach side, to an arbitrator to he agreed upon 

ii. the two Governments, or. in case id' a failure to agree, to he ap- 
pointed by a third Power selected by the two Governments by com- 
mon accord, or. if no agreement is thus arrived at. each Government 
shall -elect a different Power and the choice of the arbitrator 
be tade in concert by the Powers thus -elected. The decision of 
such arbitrator -hall be final, and the line -hall lie laid down ami 
marked bj the -aid Commissioners in accordance therewith and as 
herein provided. 



The arbitrator shall be requested to deliver, together with his 
award, a statement of all the costs and expenses incurred by him 
in connection with the arbitration, which shall forthwith he repaid 
by the two Governments in equal moieties. 

It is further agreed that if. under the foregoing provisions, (he 
boundary be located through the channel to the east of the dredged 
channel above mentioned, the latter shall be equally free and open 
for the passage of ship->. vessels, and boats of both parties. 

The entire boundary shall Ik- marked by permanent range marks 
established on land and. if desirable in the opinion of Commission- 
ers, by buoys in the water, so far as practicable, and by such other 
boundary marks and monuments and at such points as the Commis- 
.sioners may determine to lie necessary; hut the said Commissioners 
shall proceed to define and mark and chart the portion of the line 
agreed upon by the former Commissioners under the Treaty of L892 
aforesaid without waiting for the final determination of the location 
of (he remaining portion of the line. 

The course of the said boundary line as defined and marked as 
aforesaid shall be laid down by said Commissioners on quadruplicate 
sets of accurate modern charts prepared or adopted by them for that 
purpose, which charts shall lie certified and signed by the Commis- 
sioners, and two duplicate originals thereof shall be filed by them 
with each Government: and they shall also prepare in duplicate 
and file with each Government a joint report or reports under their 
hands and seals describing in detail the course and location of the 
boundary line ami the, range marks and monuments and buoys 
marking it. 

The line so defined and laid down shall be taken ami deemed to 
be the international boundary from the Bay of Fundy to the mouth 
of the St. Croix River, as established by treaty provisions and the 
proceedings thereunder. 

Article II. 

Tin: BOUNDARY FROM THE MOUTH To THE sol R( E OF (TIE ST. CROIX IUVER. 

Whereas Article II of the Treaty of 1783 between the United States 
and Great Britain provides that a line drawn along the middle of the 
River St. Croix from its mouth in the Bay of Fundy to its source 
shall be. between those points, the international boundary between 
the United States and the British possessions in North America, and 
the identity of the River St. Croix has been determined by the Com- 
missioners appointed for that purpose under Article V of the Treaty 
of 1704 between the United States and Great Britain, and the loca- 
tion of the mouth and the source of said river has been duly estab- 
lished, and the course of said river has been described, surveyed, and 
charted by said Commissioners, as appears from their joint report 
dated the 25th day of October. 1708, and from the chart or plan of 
said river prepared and filed by them with said report, but said line 
of boundary along the middle of said river was not laid down 
by them on said chart or plan, and was not marked or monumented by 
them along the course of said river; and whereas, pursuant to an 
additional article, dated March 15, 1798, supplementing the provi- 
sions of the Treaty of 1794 above referred to, a monument was erected 



bj joint action of the two Governments marking the source of the 
River Si. Croix, but said line of boundary through the River St. 
Croix lias not otherwise been tnonumented and lias never been laid 
down i.n charts by joint action of tin' two Governments: therefore, 
in order to complete and render thoroughly effective the demarkation 
of the boundary described and established as aforesaid, 

li i- agreed thai each of the High Contracting Parties shall ap 
point, w itnout delay, an expert geographer or sun ej or as a ( 'ommis- 
sioner, and the Commissioners so appointed shall jointly lay down 
upon accurate modern charts, to be prepared or adopted by them 
for that purpose, the line of boundary along the middle of the Riv< t 
St. Croix from its mouth to its source as defined and established bj 
the existing treaty provisions and the proceedings thereunder, above 
referred t". with the agreed understanding, however, that the line of 
boundary through said river shall be a water line throughout and 
shall follow the center of the main channel or thalweg as naturally 
existing, excepl where such course would change, or disturb, or con- 
flict with the national character of an island as already established 
by mutual recognition and acquiescence, in which case the line shall 
pass on the other side of any such island, following the middle of the 
channel nearest thereto, or. if the Commissioners find that the 
national character of any island is in dispute, the question of it-' 
nationality shall be submitted by them to their respective Govern- 
. with a chart or map certified jointly by said Commissioners, 
showing the depth and volume of the water- at its high and low stages 
between such island and the river hank- on each side and indicating 
the course id' the main channel of the river a- n pa ses such island, 
together with a descriptive statement by said Commissioners -how 
ing the reasons for selecting such channel as t he main channel : and in 
all such cases the High Contracting Panic- agree that the location 
of the boundary with respeel to each island in dispute shall !»• deter- 
mined and settled in accordance with the following rules: 

i I I The nationality id' each island in dispute shall he determined 
by the predominance of the claims established on either side to such 

island ar ; from tl xercise of jurisdiction and overeignt] i 

it. including such exercise of jurisdiction bj the local governments on 
either side of the line. 

( •_' ) The burden ing the nationality of any such island shall 

he upon the parte seeking to change the general course of the boun- 
dary a- above prescribed so as to include such island on its own 
of the boundary. 

(:',) The selection by the Commissioners of tic main channel p 
ing such island -hall not he conclusive upon the parties hereto ami is 
subject to review, but the burden of proving the mam channel to be 
other than the one selected -hall he upon the part) proposing the, 
change. 

The Government propo ing such change in the prescribed course <if 
the boundary -hall, upon the submission of the question of the nation- 
ality of any island or islands by the Commissioners as aforesaid, 
promptly present to the other Government a printed statement, with 
certified copies of any original documents in it- possession referred 
to therein, showing the grounds and arguments upon which its claim 



of jurisdiction and ownership with respect to such island rests. Un- 
less an agreement is reached upon the presentation of such statement, 
the Government to which such statement is presented shall within 
six months after its receipt present in reply a similar statement show- 
ing the grounds and arguments upon which the claims of the other 
Government are contested. If an agreement is reached between the 
two Governments, it shall be reduced to writing in the form of a 
protocol and shall be communicated to the said Commissioners, who 
shall proceed to lay down and mark the boundary so as to leave such 
island on the side of the boundary to which it is shown it belongs, in 
accordance with the determination of its nationality arrived at as 
aforesaid. 

In the event of a failure by the two Governments to come to an 
agreement within six months after the presentation of the printed 
statements in reply herein above provided for. then the question of the 
nationality of the islands in dispute shall be referred forthwith for 
decision under the rules herein above set forth for the determination 
of that question, and under the recognized principles of international 
law not inconsistent therewith, and upon the evidence and arguments 
submitted as aforesaid, with such additional statement of facts as 
may be appropriate, and such further printed argument on each side 
as may be desired, to an arbitrator to be agreed upon by the two 
Governments, or, in case of a failure to agree, to be appointed by a 
third Power selected by the two Governments by common accord, or, 
if no agreement is thus arrived at. each Government shall select a 
different Power and the choice of the arbitrator shall be made in 
concert by the Powers thus selected. The decision of such arbitrator 
shall be final, and the line shall be laid down and marked by the said 
Commissioners in accordance therewith and as herein provided. 

The arbitrator shall be requested to deliver, together with his 
award, a statement of all the costs and expenses incurred by him in 
connection with the arbitration, which shall forthwith be repaid by 
the two Governments in equal moieties. 

It is further agreed that so far as practicable the said Commis- 
sioners shall establish boundary monuments and ranges and buoys 
marking the course and location of the said line, and showing on 
which side of the boundary the several islands lying in said river 
belong, wherever in their judgment it is desirable that the boundary 
be so marked. 

The charts upon which the boundary is marked as aforesaid shall be 
in quadruplicate, and shall be certified and signed by said Commis- 
sioners, and two duplicate originals thereof shall be filed by them 
with each Government, and it shall also be the duty of said Commis- 
sioners to prepare in duplicate, and file with each Government, a joint 
report under their hands and seals describing the line so marked by 
them and the monuments and range marks and buoys marking it. 

The line so defined and laid down shall be taken and deemed to be 
the international boundary from the mouth to the source of the St. 
Croix Piver as established by treaty provisions and the proceedings 
thereunder as aforesaid. 



All I [I I.K III. 

NDARY PROM THE SOURCE "i THE ST. CROIX RIVER TO THE 

ST. 1. IM Rl N< RIVER. 

Whereas the remonumenting of the coin-! of the boundary defined 
and mill down under the provisions of Articles I and VI of the 
Treaty of August '•'. L842, between the United States and Great 
Britain has already been undertaken without a formal treaty agree 
. bul by the joint and concurrent actios of th< Gi oments of 
the United States and Great Britain, certain monuments between 
Vermont and Canada having been relocated in L849, and the portion 
of said boundary extending between Hall's Stream and the St 
Lawrence River in part having been remonumented in recent years 
and in part i- now being remonumented under such anion on both 
sides; and whereas the Commissioners appointed under Article VI of 
the Treaty of L842 aforesaid were required to and did mark by 
monuments the land portion only of said line, and were uot required 
to and did not mark by monuments the portions of the boundary 
ding along water courses, with the ■ ; in that the nat tonality 
of the several islands in the St. John River was indicated by monu- 
ments erected thereon and a series of monuments was placed by them 
along the edge of certain of the water courses to ii\ the general di- 
rection of the boundary, mosl of which monuments have since dis- 
appeared, but boundary, including its course through the 
waterways as well as on land, was charted and marked on maps by 
said Commissioners under the provisions of Article VI above referred 
to, and the nationality of the respective islands in the St. John River 
Letermined by them, as appear- from the joinl report filed by 
said Commissioners dated June 28, 1847, and the series of maps signed 
by said Commissioners and filed with their joint report; and whereas 
the portion of the line through said waterway- has uol since been 

numented oi i tlong its course by joint . ' the two 

Governments, and the monuments placed 03 aid Commissioners 
along the land portion of -aid boundary require repairing and re- 
newing where such work has not already been done in recent years, 
and additional or supplementary intermediate mo it cou- 

nt point- arc required tinder modern condition-: therefore, in 
ord' r to carry on and complete the work already under! fore 

said, and to reestablish the location of said boundary and render 

thoroughly effective the demarcati f the said boundary as ex 

and established, 

ti 1- agreed that each of the High Contracting Parties shall ap- 
point, without delay, an expert geographer or surveyor as a Commis- 
sioner, and under the joint direction of such Commissioners the lost 
or damaged boundary monuments shall be relocated and repaired, 
and a 1 Id it ion a I monui le 1 - and bo indary marks shall be tablished 
wherever necessary in the judgment of the Commissioners to meet 
the requirements of modern conditions along the course of the land 
portion of said boundary, and where the said boundary run- through 
waterways it shall be marked along it- course, so far as practicable, 
by buoys and monui lent > iter and bj permanent ranges 

established on the land, and in such other waj and at such point- as 



9 

in the judgment of the Commissioners it is desirable that the bound- 
ary be so marked; and it is further agreed that the course of the en- 
tire boundary, as described in Article I of the Treaty of 1842 and as 
laid down as aforesaid under Article VI of that Treaty, shall be 
marked by said Commissioners upon quadruplicate sets of accurate 
modern charts prepared or adopted by them for that purpose, and 
that said charts so marked shall be certified and signed by them and 
two duplicate originals thereof shall be filed with each Government, 
and said Commissioners shall also prepare in duplicate and file with 
each Government a joint report or reports describing in detail the 
course of the boundary so marked by them, and the character and 
location of the several monumei ts and bo mdary marks and ranges 
marking it. 

The line so defined and laid down shall be taken and deemed to be 
the international boundary as defined and laid down under Articles 
I and VI of the said Treaty of 1842. 

Article IV. 

THE BOUNDARY FROM ITS INTERSECTION WITH THE ST. LAWRENCE KIVEB 
TO THE MOUTH OF PIGEON RIVER. 

The High Contracting Parties agree that the existing International 
Waterways Commission, constituted by concurrent action of the 
United States and the Dominion of Canada ami composed of three 
Commissioners on the part of the United States and three Commis- 
sioners on the part of the Dominion of Canada, is hereby authorized 
and empowered to ascertain and reestablish accurately the location 
of the international boundary line beginning at the point of its inter- 
section with the St. Lawrence River near the forty-fifth parallel of 
north latitude, as determined under Articles I and VI of the Treaty 
of August 1), 1842. between the United States and Great Britain, and 
thence through the Great Lakes and communicating waterways to 
the mouth of Pigeon River, at the western shore of Lake Superior, 
in accordance with the description of such line in Article II of the 
Treaty of Peace between the United States and Great Britain, dated 
September 3, 1783, and of a portion of such line in Article TT of the 
Treaty of August 0, 1842, aforesaid, and as described in the joint 
report dated June 18, 1822, of the Commissioners appointed under 
Article VI of the Treaty of December 24, 1814, between the United 
States and Great Britain, with respect to a portion of said line and as 
marked on charts prepared by them and filed with said report, and 
with respect to the remaining portion of said line as marked on the 
charts adopted as treaty charts of the boundary under the provisions 
of Article II of the Treaty of 1842. above mentioned, with such 
deviation from said line, however, as may be required on account of 
the cession by Great Britain to the United States of the portion of 
Horse Shoe Reef in the Niagara River necessary for the light-house 
erected there by the United States in accordance with the terms of 
the protocol of a conference held at the British Foreign Office Decem- 
ber 9, 1850, between the representatives of the two Governments and 
signed by them agreeing upon such cession; and it is agreed that 
wherever the boundary is shown on said charts by a curved line along 



10 

the water the Commissioners are authorized in their discretion to 
adopt, in place of such curved line, a series of connecting straight 
lines defined by distances and courses and following generally the 
course of such curved line, bul conforming strictly to the description 
of the boundary in the existing treaty provisions, and the geograph- 
ical coordinate's <>f the turning points of such line shall be stated 
by said Commissioners so as to conform to the system of latitudes 
and longitudes of the charts mentioned below, and the said Commis- 

- snail so far as practicable mark' the course of the entire bound- 
ary line located and defined as a Foresaid, by buoys and monuments in 
the waterways and by permanent range marks established on thi 

I shores or islands, and by such other boundary marks and at 
such points as in the judgment of 1 1 1 * > Commissioners it is desirable 
that the boundary should be so marked ; and the line of the b tundary 
defined and located as aforesaid shall be laid down by said Commis- 

- on accurate modern charts prepared or adopted by them for 
that purpose, in quadrupl , certified and signed by the • 
missioners. two duplicate originals of which -hall be tiled by them 

ij : and the Commissioners -hall also prepare in 
duplicate and tile with each Government a joint reporl or reports 
describing in detail the course id' said line and the range marks and 
buoys n arking it. and the character and location of each boundary 
mark. The majority id' the Commissioners shall have power to ren- 
;i decision. 

The line so defined and laid down shall he taken and deemed to he 

the international boundary as defined and established by treaty pro- 
visions and the proceedings thereunder a- aforesaid from its inter 
on with the St. Lawrence River to the mouth of Pigeon River. 

\i;rn l.i Y. 

II] BOl NDARY FROM TIN Mel I'll OF PIGEOK RIVER TO Mil NORTHWE8T- 
NM08T POINT 01 ill I LAKE or THE WOODS. 

In order to complete ami perfect the demarcation of the interna- 
tional boundary line between the United State- and the Dominion of 
Canada from the mouth of Pigeon River, at the western shore of 
Superior, to the northwesternmost point of the Lake of the 
Wood-, which boundary is defined in Article 1 1 of the Treatj of Peace 
between the United States and Great Britain dated September 3, 
1783, and in Article II of the Treaty of August 9, 1842, between the 

- -late- and Great Britain, wherein is defined also the location 

of the -aid northwesternmost point of the Bake of the W Is, and 

the greater part of the said boundary is marked on charts cbv< 
that secti »f the boundary adopted a- treaty charts of the bound- 
under the provisions oi Article II of the Treaty of 1842 afore- 
said, but has never been actually located or monumented along its 
course by joint action of the two Governments, and no joint survey 
of it- course lias been made since the survey under the direction of 
the Commissioners appointed under Article Y 1 1 of the Treatj of 

mber 24, 1814. between the United States and Great Britain. 
iim, i direction the charts above mentioned were prepared, 



11 

It is agreed that each of the High Contracting Parties shall ap- 
point, without delay, an expert geographer or surveyor as Commis- 
sioners, who shall reestablish and fix the actual location of said entire 
boundary described and charted as aforesaid, and designate the side 
of the boundary upon which each island adjacent to the boundary 
belongs, it being mutually understood that the boundary, so far as 
practicable, shall be a water line and shall not intersect islands lying 
along its course, and the Commissioners shall so far as practicable 
mark such boundary along its course by monuments and buoys and 
range marks, and such other boundary marks as the Commissioners 
may determine, and at such points as in their judgment it is desir- 
able that the boundary shall be so marked; and it is further agreed 
that the course of the entire boundary as described and laid down as 
aforesaid and as monumented by said Commissioners shall be marked 
by them upon quadruplicate sets of accurate modern charts prepared 
or adopted by them for that purpose, and that said charts so marked 
shall be certified and signed by them and two duplicate originals 
thereof shall be filed with each Government, ami said Commissioners 
shall also prepare in duplicate and file with each Government a joint 
report or reports describing in detail the course of the boundary so 
marked by them and the character and location of the several monu- 
ments and boundary marks and ranges marking it. 

The line so defined and laid down shall be taken and deemed to be 
the international boundary as defined and established under the afore- 
said treaties from the mouth of Pigeon River to the northwestern- 
most point of the Lake of the Woods. 

Article VI. 

THE BOUNDARY FROM THE NORTHWESTERNMOST POINT OK THE LAKE OF 
THE WOODS TO THE SUMMIT OF THE ROCKY MOUNTAINS. 

In order to complete and render thoroughly effective the demarca- 
tion of the international boundary between the United States and the 
Dominion of Canada from the northwesternmost point of the Lake of 
the Woods to the summit of the Rocky Mountains, which boundary, 
according to existing treaties, runs i\\w south from said northwestern- 
most point to the forty-ninth parallel of north latitude ami thence 
along that parallel to the summit of the Rocky Mountains, and has 
been surveyed and charted and monumented as appears from the 
series of twenty-four sectional maps covering this portion of the 
boundary prepared and filed by the Joint Commission appointed for 
that purpose by joint action of the two Governments in 1872, 

It is agreed that each of the High Contracting Parties shall ap- 
point, without delay, an expert geographer or surveyor as a Commis- 
sioner, and under the joint direction of such Commissioners lost or 
damaged monuments along the course of said boundary shall be relo- 
cated and repaired and additional monuments and boundary marks 
shall be established wherever necessary, in the judgment of the Com- 
missioners, to meet the requirements of modern conditions and to 
render more effective the demarcation of the existent boundary estab- 
lished under the treaty provisions and proceedings thereunder as 
aforesaid; and it is further agreed that in carrying out these provi- 



12 

tl i aid Commissioners shall observe the agreemenl stated in the 
protocol of the final meeting, dated May 29, 1876, of the Joinl Com- 
mission aforesaid, which is as follows: 

■■ _'. In the intervals between the monuments along the parallel 
of latitude, ii is agreed thai the line lm> the curvatui 
parallel of 19 north latitude; and that such characteristic shall 
determine all questions thai may hereafter aris < with referen :e to 
the position of the boundary at any point between neighboring 
monuments. 

••:',. It is further agreed that, in the event of any of the said 
three hundred and eighty eight monuments or mark- being ob- 
literated be] I the power of recognition, the lost site □ 

shall I"' recovered by their recorded position relatively to the 
next neighboring unobliterated mark or marks." 

It is further agreed that the said Commissioners shall mark upon 

quadruplicate sets of accurate modern charts prepared or adopted by 

them for that purpose the entire course of said boundary and the loca- 

i the bound: i numents and marks established along the 

oi id boundary, and two duplical iginals thereof shall 

be filed with each Government, and said Commissioners shall 
pare in duplicate and file with each Government a joint repor de- 
scribing in detail the work done by them in replacing and repairing 
losl or damaged monuments and the charactei and location oi the 
several monuments and boundary marks placed bj them along 
boundary . 

I Le line so laid down and denned hall be tak n and d to be 

the international boundan as denned and established b] treaty pro- 
visii ii- and the proceedings thereunder as aforesa >\ from the north- 
we t< point of the Lake of the Woods to the summit of the 

Rocky Mountains. 

Article VII. 

THE B01 Kl ''I ■I'l ROI 1.1 KOI STAINS TO l"HE 

i.l ! 1 .1 GEORG1 .. 

Whereas, l.\ rrent ac ion of the Government of the United 
Si ites and the Government of Gri it Britain in 1902 am Com- 
ers were designated to act jointly for the purpose of renew- 
ing I" i or damaged monuments and placing additional monuments 
where such were needed throughout the course of the boun 
along the forty-ninth parallel of north latitude, from the summ 
the Rocky Mounts tward ti > tern shore of he « i ■ 1 1 1* » » t" 
Georgia, as defined in Article 1 of the of June l">. 1846, h>- 

i the United States and Great Britain marked b\ m 

ments along its course and laid down on a series i I chart 
in number, by a Joint Commission organized in ! v - 58 fi i thai 
pose and composed < > t" iv.<> Commissioners appointed one l»\ 
Government, which charts, dulj cerl ified and authenticated in dupli- 
cate bj said Commissioners, were approved and adopted by the two 
Governments, as appears from the declaration in writing to that 
effect signed on February 24, 1870, at Washington by duly authorized 
Plenipotentiaries of the respective Governments, and it appearing 



13 

that the remonumenting of this line by the Commissioners first above 
referred to is now approaching completion; 

It is hereby agreed by the High Contracting Parties that when such 
work is completed the entire course of said boundary, showing the lo- 
cation of the boundary monuments and marks established along 
the course of the boundary, shall be marked upon quadruplicate sets 
of accurate modern charts prepared or adopted for that purpose, and 
the said Commissioners, or their successors, are hereby authorized and 
required to so mark the line and designate the monuments on such 
charts, two duplicate originals of which shall be filed with each Gov- 
ernment, and the said Commissioners, or their successors, shall also 
prepare in duplicate and tile with each Government a joint report 
describing in detail the work done by them in replacing and repair- 
ing lost or damaged monuments and the character and location of the 
several monuments and boundary marks placed by them along said 
boundary. 

The line so laid clown and defined shall be taken and deemed to be 
the international boundary as defined and established by treaty pro- 
visions and the proceedings thereunder as aforesaid, from the summit 
of the Rocky Mountains to the eastern shore of the Gulf of Georgia. 

Article VIII. 

THE BOUNDARY FROM THE FORTY-NINTH PARALLEL TO THE PACIFIC OCEAN. 

The High Contracting Parties agree that each shall appoint, with- 
out delay, an expert geographer or surveyor to serve as Commission- 
ers for the purpose of delineating upon accurate modern charts, pre- 
pared or adopted by them for that purpose, the international bound- 
ary line between the United States and the Dominion of Canada from 
the forty-ninth parallel of north latitude along the middle of the 
channel which separates Vancouver's Island from the mainland and 
the middle of the Haro Channel and of Fuca's Straits to the Pacific 
Ocean, as defined in Article I of the Treaty of June 15, 1846, between 
the United States and Great Britain, and as determined by the award 
made on October 21. 1872, by the Emperor of Germany as arbitrator 
pursuant to the provisions of Articles XXXIV-XLII of the Treaty 
of May 8, 1871, between the United States and Great Britain, and 
as traced out and marked on a quadruplicate set of charts prepared 
for that purpose and agreed upon and signed by the duly authorized 
representatives of the respective Governments, as appears from the 
protocol of a conference at "Washington on March 10. 1873. between 
such representatives which was signed by them on that date, and as 
defined by them in a written definition of said boundary signed by 
them and referred to in and attached to said protocol, and it is agreed 
that the said Commissioners shall adopt in place of the curved line 
passing between Saturna Island and Patos Island as shown on said 
charts a straight line running approximately north and south through 
a point midway between the eastern point of Saturna Island and 
the western point of Patos Island and intersecting the prolongations 
of the two straight lines of the boundary now joined by a curved line. 
The entire line thus laid down shall consist of a series of connecting 
straight lines defined by distances and courses; and the Commis- 



14 

doners are authorized to select and establish such reference marks 
on shore as they may deem necessary for the proper definition and 
location on the water i>l' the boundary aforesaid. A quadruplicate 
sel of such charts, showing the lines so Laid down and marked by 
them and the location of the several marks or monuments selected or 
established by them alon<r its course, shall be signed by (hem and 
two duplicate originals thereof shall be filed by them with each Go\ 
eminent, and the Commissioners shall also prepare in duplicate and 
file with each Government a joint report, or reports, describing in 
detail the course of said line and the boundary marks and their (oca 
tion along its course. 

The line SO defined and laid down shall be taken and deemed to be 

the international boundary, as defined and established by treaty pro 
visions and the proc lings thereunder as aforesaid, from the forty- 
ninth parallel of north latitude along the middle of the channel which 
separates Vancouver's Island from the mainland and the middle of 
Haro Channel and of Fuca's Straits to the Pacific Ocean. 

Ainu i.k I X. 

GENERAL PROVISIONS. 

The Commissioners appointed under the provisions of this I reaty 
shall proceed without delay to perform the duties assigned to them, 
but each Commissioner shall, before entering upon hi- duties, make 
oath in writing that he will impartially and faithfully perform his 
duties as such Commissioner. 

In case a vacancy occurs in any of the Commissions constituted by 
this Treaty, by reason of the death, resignation, or other disability 

of a Commissioner, before the work of such Commission is completed, 
the vacancy so caused -hall be Idled forthwith by the appointment 
of another Commissioner by the party on whose side the vacancy 
occurs, and the Commissioner so appointed shall have the same 
powers and be subject to the same duties and obligations as tin' 
( iommissioner originally appointed. 

If a dispute or difference should arise about the local ion or de- 
marcation of any portion of the boundary covered by the provisions 
of this Treaty and an agreement with respect thereto is not reached 
by the Commissioners charged herein with locating and marking 
such portion of the line, they shall make a report in writing jointly 
to both Governments, or severally each to his own Government, set- 
ting out fully the questions in dispute and the differences between 

them, but such Commissioners shall, nevertheless, proceed to carry 
on and complete as far a- possible the work herein assigned to them 
with respect to the remaining portions of the line. 

In case of such a disagreement between the Commissioners, the 
two Governments -hall endeavor to agree upon an adjustment of 
the questions in dispute, and if an agreement i- reached between the 
two Governments it shall be reduced to writing in the form of a pro 
tocol, and -hall be communicated t<> the -aid Commissioners, who -hall 
proceed to lay down ami mark the boundary in accordance there 

with, and as herein provided, but without prejudice to the special 

provisions contained in Articles I and II regarding arbitration. 



15 

It is understood that under the foregoing articles the same persons 
will be appointed to carry out the delimitation of boundaries in the 
several sections aforesaid, other than the section covered by Article 
IV, unless either of the Contracting Powers finds it expedient for 
some reason which it may think sufficient to appoint some other per- 
son to be Commissioner for any one of the above-mentioned sections. 

Each Government shall pay the expenses of its own Commissioners 
and their assistants, and the cost of marking and monumenting the 
boundary shall be paid in equal moieties by the two Governments. 

Article X. 

This Treaty shall be ratified by the President of the United States, 
by and with the advice and consent of the Senate thereof, and by His 
Britannic Majesty ; and the ratifications shall be exchanged in Wash- 
ington as soon as parcticable. 

In faith whereof the respective Plenipotentiaries have signed this 
Treaty in duplicate and have hereunto affixed their seals. 

Done at Washington the 11th day of April in the year of our Lord 
one thousand nine hundred and eight. 

EiiiHtr Root [seal.] 
James Bryce [seal.] 

And whereas the said Convention has been duly ratified on both 
parts, and the ratifications of the two governments were exchanged 
in the City of Washington, on the fourth day of June, one thousand 
nine hundred and eight: 

Now, therefore, be it known that I, Theodore Roosevelt, President 
of the United States of America, have caused the said Convention to 
be made public, to the end that the same and every article and clause 
thereof may be observed and fulfilled with good faith by the United 
States and the citizens thereof. 

In testimony whereof, I have hereunto set my hand and caused the 
seal of the United States to be affixed. 

Done at the City of Washington this first day of July, in the year 
of our Lord one thousand nine hundred and eight, and of 
[seal] the Independence of the United States of America the one 
hundred and thirty-second. 

Theodore Roosevelt 
By the President: 
Ai.vey A. Adee 

Acting Secretary of State. 

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